Before proceeding, please review the  legal disclaimer.

Can You Get Fired for Starting a Union in Texas? Your Rights Explained

Starting or joining a union is one of the most powerful ways workers can protect their rights. But in Texas—an at-will employment state—many employees fear they could be fired just for bringing up the idea of organizing.

So, can you get fired for starting a union? The short answer is: no, it’s illegal. But that doesn’t mean employers always follow the rules.

Let’s break down what the law says, what counts as retaliation, and what to do if your employer crosses the line.

Federal Law Protects Union Organizing

Under the National Labor Relations Act (NLRA), workers in Texas and across the country have the legal right to:

• Form, join, or assist a union
  
  
• Discuss unionization with coworkers
  
  
• Attend union meetings
  
  
• Hand out flyers or wear union buttons (on non-work time)
  
  
• Petition for union elections
  
  
• Engage in collective bargaining
  
  

The NLRA applies to most private-sector employees, regardless of whether your state is union-friendly or not.

What Employers Are Not Allowed to Do

It is illegal for your employer to:

• Fire you for starting or joining a union
  
  
• Demote, discipline, or transfer you because of union activity
  
  
• Threaten or intimidate you for organizing
  
  
• Interfere with or monitor union discussions
  
  
• Offer benefits to discourage union support
  
  
• Retaliate against you for filing a complaint with the National Labor Relations Board (NLRB)
  
  

If any of the above occurs, your employer may be in violation of Section 8(a)(1) or 8(a)(3) of the NLRA.

Can You Be Fired for Organizing in Texas Specifically?

Texas is a right-to-work and at-will employment state. That means:

• You can generally be fired for any reason that’s not illegal
  
  
• Employers can’t require union membership as a condition of employment
  
  
• But—you still have federal protections under the NLRA
  
  

Being fired specifically because you tried to start or support a union is illegal, even in Texas.

What Does Retaliation Look Like?

Not all retaliation is as obvious as being fired. It can be subtle or indirect, such as:

• Being given worse shifts or schedules
  
  
• Being written up for minor or made-up infractions
  
  
• Losing access to company resources
  
  
• Being left out of meetings or communications
  
  
• A sudden drop in performance reviews
  
  

These are red flags. Document everything and talk to an employment lawyer if you suspect retaliation.

What If You’re an At-Will Employee?

Even if you’re employed “at will,” your employer cannot fire you for a reason that violates federal labor law. That includes:

• Talking about wages or working conditions
  
  
• Signing or circulating a union petition
  
  
• Contacting a union representative
  
  
• Encouraging coworkers to unionize
  
  

Pro Tip: If your employer claims they fired you “for cause,” but the timing lines up with your union activity, you may have a case.

How to Protect Yourself When Organizing

Here are a few ways to stay protected while exploring unionization:

1. Know your rights under the NLRA
   
   
2. Keep records of all communications and meetings
   
   
3. Avoid using work computers or email to talk about the union
   
   
4. Talk to coworkers discreetly and off-the-clock
   
   
5. Report any retaliation to the NLRB immediately
   
   
6. Consider speaking to an employment attorney
   
   

How to File a Complaint if You Were Fired

If you believe you were fired or punished for union activity:

1. File a charge with the National Labor Relations Board (NLRB)
   
   
2. Do it within 6 months of the incident
   
   
3. Include documentation and names of witnesses if possible
   
   
4. You may be eligible for:
   
   
   • Reinstatement to your job
     
     
   • Back pay
     
     
   • Removal of negative personnel actions
     
     
   • Employer penalties
     
     

A retaliation claim is stronger when backed by evidence and legal representation.

When You Need a Lawyer

Starting a union is a bold step—and employers may push back hard. A Texas employment lawyer can help you:

• Evaluate whether your rights were violated
  
  
• Build a strong retaliation case
  
  
• File with the NLRB
  
  
• Negotiate compensation or reinstatement
  
  
• Protect you from ongoing harassment
  
  

At The Lange Firm, we advocate for workers across Texas who have been unfairly punished for standing up for their rights. Whether you were fired, demoted, or simply silenced—we can help.

Final Thoughts

You cannot be legally fired for starting a union—and if it happens, your employer may face serious consequences. But taking action quickly is key.

If you suspect retaliation, speak to an employment attorney immediately. Know your rights. Protect your future.